Rio Verde Foothills Jan Feb 11

Don’t list your Short Sale with someone who isn’t a SPECIALIST in Rio Verde, and a CERTIFIED SHORT SALE EXPERT!

Bonnie Burke, PC RE/MAX Excalibur 8510 E. Shea Blvd. #100 Scottsdale, AZ 85260

85026 PERMIT 1441

RETURN SERVICE REQUESTED

I offer you both and I’d like to ask for your business! Please give me a call and we can discuss a strategy and all of your options.

January | February 2011

Rio Verde Real Estate Recap HOMES - Currently, there are 70 active homes on the market and 36 homes under contract.

LAND - Currently, there 314 active lots on the market and 8 lots under contract.

The following lots have closed since last publication: 16419 E. Milton Dr. 1.25 acres $11,000 xxxN. 164th St. 1.01 acres $17,000 N. 170th St. 1.00 acre $30,000 14200 E. Desert Vista Tr. 1.01 acres $33,000 171xx E. Montgomery 2.5 acres $34,900 14800 E. Morning Vista 1.00 acre $35,000 28202 N. 144th St. 1.00 acre $35,000* 14124 E. Aloe Vera 1.85 acres $35,000* 29150 N. 157th St. 1.00 acre $37,500 30800 N. 148th St. 5.00 acres $85,000 309xx N. 138th St. 4.00 acres $100,000 27317 N. 148th St. 5.00 acres $170,000* *Sold by Bonnie Burke Beginning in 2011, your Rio Verde Foothills Lifestyle publication will be a reader-friendly bi-monthly format! If you want to ensure that you or someone you know receives the newsletter each time, simply call or email and I’ll be sure to add you to the mailing list!

BONNIE BURKE, PC

ABR, CDPE, CLHMS, CRS, e-PRO, GRI Integrity Based, Service Driven

480.720.8001 Cell Bonnie@BonnieBurke.com www.BonnieBurke.com

Featured Property 13916 E. Leisure Lane 5 bed | 4.5 bath | 4057 sq. ft.

2.5 acres If you are looking for views, then this is the home!!! Sits high on a hill on 2.5 acres with the BEST views!!! Bring the family and enjoy this basement home with walk out patio, 2 bedrooms, living room and game room, and bar perfect for entertaining or enjoying an evening at the movies with the family. Main floor has master bedroom, guest quarters and another bedroom. Great open kitchen, that looks out to the mountains. Outdoor enthusiast/kids will love the basketball court, Jacuzzi, playground area, zipp line, water feature across yard with pond, observation deck, built in BBQ, fireplace, horse shoe pit, etc. What more could a family want?? Asking $525,000. Visit www.BonnieBurke.com for virtual tour.

Address Sq. Ft. / Bed / Bath / Lot Size Days On Market List Price NEW LISTINGS SINCE LAST PUBLICATION: 14509 E. Roy Rogers Rd. 1508 / 3 / 2 / 1-1.9 Acres 16 $205,000 28407 N. 148th St. 2184 / 3 / 2 / 1-1.9 Acres 5 $234,900 16418 E. Milton Dr. 2398 / 3 / 2.5 / 1-1.9 Acres 23 $277,500 28417 N. 156th St. 2536 / 4 / 2.5 / 1-1.9 Acres 36 $295,000 14520 E. Dale Ln. 2598 / 4 / 3 / 1-1.9 Acres 23 $299,900 27914 N. 155th Pl. 2200 / 4 / 2 / 1-1.9 Acres 17 $305,000 14145 E. Cavedale Dr. 2889 / 3 / 2.5 / 1-1.9 Acres 1 $325,000 16648 E. Lone Mountain Rd. 3398 / 4 / 3.5 / 1-1.9 Acres 28 $350,000 16906 E. Madre Del Oro Dr. 4154 / 4 / 5 / 1-1.9 Acres 18 $499,900 31005 N. 160th St. 4231 / 5 / 5 / 1-1.9 Acres 13 $579,000 29725 N. 141st Pl. 4000 / 4 / 3.5 / 1-1.9 Acres 28 $769,000 PENDING SALES SINCE LAST PUBLICATION: 29809 N. 170th St. 1800 / 3 / 2 / 2-4.9 Acres 256 $179,900 29301 N. 154th Pl. 1826 / 3 / 2 / 1-1.9 Acres 82 $189,900 29307 N. 154th St. 1826 / 3 / 2 / 1-1.9 Acres 99 $199,900 27909 N. 154th St. 1912 / 3 / 2 / 1-1.9 Acres 105 $215,000 26802 N. 161st St. 2045 / 4 / 3.5 / 1-1.9 Acres 175 $235,000 16247 E. Bajada Dr. 2373 / 3 / 2.5 / 1-1.9 Acres 13 $254,900 28807 N. 146th St. 2050 / 4 / 2 / 1-1.9 Acres 81 $275,000 14027 E. Sand Flower Dr. 3543 / 4 / 3.5 / 1-1.9 Acres 81 $325,000 33311 N. 138th St. 3059 / 3 / 3.5 / 1-1.9 Acres 45 $349,900 33425 N. 139th Pl. 3140 / 3 / 2.5 / 1-1.9 Acres 91 $349,900 13643 E. Peak View Rd. 3012 / 4 / 2.75 / 1-1.9 Acres 50 $369,900 29609 N. 146th St. 4037 / 4 / 3 / 1-1.9 Acres 60 $399,900 31707 N. 142nd St. 3372 / 4 / 3 / 2-4.9 Acres 654 $410,000 33620 N. 139th Way 3895 / 3 / 2 / 2-4.9 Acres 141 $453,000 28011 N 156th St. 3542 / 3 / 3.5 / 1-1.9 Acres 88 $499,900 13928 E. Montello Rd. 4933 / 4 / 3.5 / 2-4.9 Acres 21 $625,000* SOLD SINCE LAST PUBLICATION: DOM List Price Sold Price 27030 N. 164th St. 2478 / 3 / 3 / 1-1.9 Acres 279 $299,900 $300,000 29618 N. 144th Way 4020 / 5 / 4 / 1-1.9 Acres 113 $389,000 $389,000 27516 N. 137th St. 2728 / 4 / 2 / 1-1.9 Acres 231 $351,750 $340,000* 30509 N. 160th St. 3063 / 4 / 2.5 / 5-9.9 Acres 204 $699,000 $400,000 14327 E. Gamble Ln. 4700 / 4 / 4.5 / 1-1.9 Acres 69 $895,000 $820,000 * Listed/Sold by Bonnie Burke All information is deemed reliable but not guaranteed. The properties on this list have been listed/sold by various participants in the MLS.

If your home is currently listed, this is not a solicitation for that listing.

Produced by Desert Lifestyle Publishing • 480.460.0996 • www.DesertLifestyle.net

ISSN-1939-9421

Recreating Favorite Destinations

Distressed Property Educate Yourself on the Tax Consequences

Simple Yet Sophisticated Cielo’s Striped Bass

Rio Verde Foothills’

Real Estate Report

If you’ve ever visited a hotel, restaurant, nightclub, or sumptuous boutique and fallen in love with the décor, you may wonder how to recreate that feeling in your home. Maybe it’s transforming your bedroom into that luxurious spa resort suite you stayed in on your anniversary or rethinking your dining room and making it look more like that uber-cool bistro you ate at last week with your gal pals. Can it be done? We say yes—and so are more and more area residents who are trading in tired, traditional room decors for up-to-the-minute and unbelievable spaces.

“I do think that many clients try and take things that they had seen at a resort, a restaurant, or from a trip and find a way to apply [these elements] to their home settings and everyday life,” says Allan Rosenthal, lead designer at Linear Fine Woodworking, LLC (LinearFineWoodworking.com) in Phoenix. “It reminds them of more relaxing and interesting days. It’s the subtlety of it that reminds them of their original experience.” Who wouldn’t want to recapture memories of good times—be it a vacation, a dinner out, or just finding the perfect pair of shoes—and reflect back on these moments when you’re back at home?

Your first step to recreating your inspiration room or place is to make notes of what exactly you love about it: the lighting fixtures, the flooring, the woodwork, the color scheme, the upholstery and accessories— whatever it is that you think of when you close your eyes. Make sure to write down the key elements that make you feel so special when you’re in that space.

If you can, return to your favorite spot and bring along a slim digital camera to snap shots of some of your dream design details. Be sure to use all these notes and images when working with your interior designer, because when it comes to home design, a picture is worth a thousand words! For more insight, it might be possible to find out who the interior designer of the

Featuring Cielo at Hotel Theodore 480.308.1100 | HotelTheodore.com

CRISPY SKIN STRIPED BASS For the fish: INGREDIENTS 2 each 6 oz. skin-on striped bass filets 6 each blanched skin-on fingerling potatoes 2 Tbs. leeks, julienned 1/2 cup corn kernels 2 cloves garlic, sliced 2 pieces bacon, julienned 1 tsp. tarragon, minced 2 sprigs parsley, minced 2 Tbs. extra virgin olive oil 2 Tbs. unsalted butter METHOD Preheat oven to 400 degrees. In sauté pan over medium-high heat, pour in olive oil and heat to almost smoking point. Pan must be hot so fish will not stick. Season fish liberally on both sides and sauté skin side down. Shake pan slightly to ensure fish is not sticking. Transfer to oven to finish about two minutes.

Heat another medium sauté pan and start rendering bacon until crispy. Add potatoes and brown. Add corn, leeks and garlic. Once cooked, add salt, pepper and herbs and toss in butter. Remove from heat. Remove fish from oven making sure skin is crispy. Allow to rest on folded paper towels.

For the Tomato Brodo: INGREDIENTS 1 14 oz. can San Marzano tomatoes 2 cloves garlic, sliced 1 bulb fennel, chopped 2 each shallots, sliced 1 cup white wine 4 sprigs tarragon 4 leaves basil, hand torn 6 sprigs parsley 1/4 cup extra virgin olive oil METHOD In 6-quart saucepan, heat olive oil on medium-high just until there is a light smoke. Sauté fennel, shallots and garlic until translucent. Add tomatoes and mash with a potato masher until chunky. Add white wine and simmer reducing by a 1/4.

Add herbs and pull off of heat. With a stick blender, puree until smooth. Pass through a fine mesh strainer and season with salt and white pepper. Set aside but keep warm until plating.

TO PLATE On the plate, arrange corn and potatoes into a little pile.

Place fish at an angle coming off of the corn and potato.

Place the sauce on the plate around the fish in the desired amount and garnish with micro greens or your favorite fresh herbs.

Serves: Two

space is and glean advice from them—or hire them on the spot!

One residential project strongly influenced by a special spot—the Arizona Biltmore Resort & Spa and its iconic geometric concrete blocks, which were cut to look like a freshly cut palm tree—is the stunning home (pictured here), designed by Rosenthal. In this case, the homeowner “had already selected the stone tiles on the walls and that helped to set the pace of what the space really needed in design,” says Rosenthal.

“And that had the Biltmore written all over it.” A little knowledge and self-direction helped, too. “Along with her confidence in what she liked and some of the ideas that she had from pictures in magazines and such, it really gave us a great direction to go,” he explains. So go ahead and start snapping and clipping out magazine pics—they are important clues for designers to work with.

Once your designer has reviewed your portfolio of ideas and images, he or she will be able to adapt the design to your home and, in essence, make it your own.

Perhaps it’s using the color of your inspiration space that you love; no need to copy the entire space, just use the colors and textures of the space to get the same feel. Or perhaps it’s one dramatic element—such as the geometric tiles used in the home designed by Rosenthal—that will give your space the look you desire.

Of course, it’s important to remember that inspiration from a room or space you’re admiring in a hotel or resort or restaurant means much more than copying. “I think when you see a design that you like, it’s more important to capture the essence of what you like and to work toward making it your own,” says Rosenthal. “That comes down to working with people who understand that. When we see something that a particular client loves, we never try to copy it, but we find a way [to get at what] they loved about it without hurting the original designer’s integrity.” Job well done!

By Marianne K. Kingman J.D., LL.M. Tax Attorney / President & CEO, Kingman Winslow, LLC

EXAMPLE — IF PERSONALLY LIABLE FOR MORTGAGE DEBT (i.e., RECOURSE DEBT): John Doe buys a house and uses it as his personal residence. He pays $500,000 for the house with a down payment of $50,000 and takes out a mortgage loan of $450,000. He is personally liable for the mortgage. When the remaining balance of the mortgage is $400,000, John Doe defaults and the lender bank accepts his voluntary conveyance of the home, cancelling the loan. Similar comparable homes at the time are selling for $300,000. The Tax Code treats this transaction as a sale whether it is a

foreclosure or a short sale arrangement. John Doe incurs a nondeductible loss of $200,000, the amount by which his house’s adjusted basis (purchase price including adjustments over time) of $500,000 exceeds its market value of $300,000. No deduction for the loss because John Doe uses the house as a personal residence. (If John had used the house as a rental or commercial property, the loss would be deductible.)

John Doe also has reportable (taxable) income of $100,000 when the bank cancels the loan. The $100,000 is the amount by which the debt of $400,000 exceeds the market value of $300,000. The bank will send an IRS Form 1099-A to John Doe and to the IRS reporting the numbers in the example. The 1099-A indicates the foreclosure bid price ($300,000), the amount of John Doe’s debt ($400,000), and the fact that he was personally liable. Debt cancellation (in this example, $100,000) is taxed at the individual’s tax rate for ordinary income. Note that the outcome is exactly the same from a tax perspective whether the property was foreclosed upon or whether the owner engaged in a short sale arrangement with the bank/lender DOES LACK OF PERSONAL LIABILITY ON THE MORTGAGE CHANGE THE TAX OUTCOME (i.e., NON-RECOURSE DEBT)?

Yes. The IRS says sellers who are not personally liable for a debt will realize an amount that includes the full cancelled debt, even if the value of the property that is security for the debt is less, which can be offset depending on your adjusted basis in the property. Note that many items can affect the final calculation of basis.

For instance, a casualty loss suffered by flood damage or fire will adjust your basis upward (and therefore reduce your taxes) if the money to pay for the repairs does not come out of insurance proceeds. Note that most people

have personally liability on their mortgage. The only groups who may not are pension plans or non-profit entities.

EXAMPLE — IF NOT PERSONALLY LIABLE FOR MORTGAGE: Jane Doe buys a home valued at $300,000 and puts $30,000 down. She takes out a mortgage of $270,000.

Ms. Doe stops making payments. The bank forecloses on a loan balance of $260,000, and the market value of the home has fallen to $250,000. Jane Doe has an adjusted basis of $265,000 due to a casualty loss of $5,000 (this represents the $270,000 mortgage less the $5,000 casualty loss). The amount she realizes on the foreclosure is $260,000. Jane Doe figures her gain and/or loss, for debt cancellation purposes, by comparing $260,000 (the amount realized) to her basis of $270,000. Jane Doe has debt-forgiveness income of $10,000; however, because of the increase in her basis by the $5,000 casualty loss, only $5,000 is now taxable.

EXCEPTION TO THE GENERAL IRS TAX RULES FOR INSOLVENT HOMEOWNERS: Homeowners who can prove they are insolvent can avoid taxation, if the sum of your debts (including the mortgage) is greater than the value of your assets.

However, you will need to prove this to the IRS and must submit an IRS form to establish to the IRS that you meet the qualifications. It is well-advised, therefore, to seek proper representation when seeking settlement with the IRS. Also, anyone seeking to claim insolvency must do so quickly, as the Internal Revenue Code specifically limits the amount of time during which a taxpayer making

Through Fashion’s Looking Glass: Europe in the 1950s and 1960s Phoenix Art Museum, January 12th 602.257.1222 | PhxArt.org Lovers of the art of fashion will enjoy their journey through the land of fashion lead by docent Lois Albert. Along the way, you’ll visit the fashion capital Paris in the 1950s, after the effects of World War II. Your next stop is swinging London, where the fun and free spirit of the youth affected their fashion industry with miniskirts, bobbed hair and the ever-popular manmade fabric. This historical and thoughtful discussion is included with your museum admission.

Barrow Grand Ball Arizona Biltmore Resort, January 15th 602.406.3041 | SupportBarrow.org Have a “ball” at the Barrow Neurological Foundation’s main event of the year. This lively evening consists of fine dining, ballroom dancing and, of course, a one-of-a-kind auction. Proceeds benefit Barrow Neurological Institute in its dedication to research projects and providing important funding for innovative scientific studies. The organization’s goal is to beat last year’s funds of $2.5 million raised.

Barrett-Jackson Collector Car Event WestWorld of Scottsdale, January 17th – 23rd 480.663.6255 | Barrett-Jackson.com Well-known to locals and international travelers, this annual celebrated auction is more than just a venue for the sale of automobiles. The week-long event includes multiple VIP private parties, fashion shows, live entertainment, and even a road rally. This is where true car aficionados come to see, and where the celebrities and fashionistas come to be seen. Don’t miss it!

Spring Awakening ASU Gammage Auditorium, January 27th – 28th 480.965.5062 | ASUGammage.com As winner of eight Tony Awards including Best Musical, this new-age show is like no other. The story follows a group of 19th-century German students through their self discovery as they change from child into adult. It depicts how morality, sexuality and rock ‘n roll shape what they once were, into who they will become. Leave the children at home for this one, as the show explores many risqué topics.

Short Sales and Foreclosures – Understanding the Potential Tax Consequences Unless you have been sleeping through the real estate “crisis,” no doubt you have probably heard about the increasing rate of distressed homeowners nationwide resulting in foreclosures or short sales.

Both a foreclosure and a short sale will have long-lasting negative impacts on a borrower/property owner’s credit score, thus making it difficult to purchase any other property in the near future. Moreover, the cancellation of the mortgage by the bank upon foreclosure will also trigger taxable income to the borrower/homeowner.

A short sale transaction can also have long-lasting impacts on your credit rating. Moreover, the homeowner may still face a sizeable tax bill under Internal Revenue Service (IRS) rules. Under the IRS rules, the homeowner who sells his home in a short sale may get a Form 1099 from the lender/bank for the total amount of the mortgage balance “forgiven” — even if the lender agrees to “forgive” the debt by agreeing to the short sale. The property is therefore treated by the IRS as if it were sold for the total outstanding balance of the loan, or the sale price if it is higher.

Taxability of the gain and deductibility of the loss depend on the nature of the property sold.

JANUARY | FEBRUARY 2011

insolvency claims may approach the IRS. As such, don’t wait to seek a tax professional to represent you when seeking a settlement.

FORECLOSURE VS. SHORT SALE: Short sale provides a better option if you are facing a foreclosure. First, the short sale option will most probably reduce your tax liability because in foreclosures, properties are sold at rock bottom prices. If the short sale means that the bank recovers more against the original mortgage amount, then you pay less in taxes on the cancellation of indebtedness income tax discussed above. Second, in a short sale you will be able to apply for an FHA home loan within 3 years of the closing of the short sale. This is because of new government guidance released from the FHA within the past few months. These two factors make the short sale a much better option for the long term.

To discuss your personal options, you may want to contact: Marianne K. Kingman J.D., LL.M. Tax Attorney / President & CEO, Kingman Winslow, LLC 602.354.7172 | KingmanWinslow.com

Music in the Garden: Traveler Desert Botanical Garden, February 6th 480.941.1225 | DBG.org Enjoy a relaxing afternoon under the Valley’s blue skies as you enjoy the sounds of local musical artist Traveler.

Hungry guests can partake in the fabulous brunch and spirited drinks available at a chef-attended station for an additional cost. During intermission, surprise your companion with a complimentary dance lesson taught by professional instructors on the professional ballroom dance floor.

56th Annual Scottsdale Arabian Horse Show WestWorld of Scottsdale, February 17th – 27th 480.515.1122 | ScottsdaleShow.com Billed as the largest and most prestigious Arabian horse show in the world, the show has grown from 50 horses at its inception in 1955 to nearly 2400 horses bringing top owners, trainers and breeders from around the world to compete for a chance at winning. Among the gorgeous equine eye candy, you’ll find plenty of bling and boutique shopping under the tents!

If you’ve ever visited a hotel, restaurant, nightclub, or sumptuous boutique and fallen in love with the décor, you may wonder how to recreate that feeling in your home. Maybe it’s transforming your bedroom into that luxurious spa resort suite you stayed in on your anniversary or rethinking your dining room and making it look more like that uber-cool bistro you ate at last week with your gal pals. Can it be done? We say yes—and so are more and more area residents who are trading in tired, traditional room decors for up-to-the-minute and unbelievable spaces.

“I do think that many clients try and take things that they had seen at a resort, a restaurant, or from a trip and find a way to apply [these elements] to their home settings and everyday life,” says Allan Rosenthal, lead designer at Linear Fine Woodworking, LLC (LinearFineWoodworking.com) in Phoenix. “It reminds them of more relaxing and interesting days. It’s the subtlety of it that reminds them of their original experience.” Who wouldn’t want to recapture memories of good times—be it a vacation, a dinner out, or just finding the perfect pair of shoes—and reflect back on these moments when you’re back at home?

Your first step to recreating your inspiration room or place is to make notes of what exactly you love about it: the lighting fixtures, the flooring, the woodwork, the color scheme, the upholstery and accessories— whatever it is that you think of when you close your eyes. Make sure to write down the key elements that make you feel so special when you’re in that space.

If you can, return to your favorite spot and bring along a slim digital camera to snap shots of some of your dream design details. Be sure to use all these notes and images when working with your interior designer, because when it comes to home design, a picture is worth a thousand words! For more insight, it might be possible to find out who the interior designer of the

Featuring Cielo at Hotel Theodore 480.308.1100 | HotelTheodore.com

CRISPY SKIN STRIPED BASS For the fish: INGREDIENTS 2 each 6 oz. skin-on striped bass filets 6 each blanched skin-on fingerling potatoes 2 Tbs. leeks, julienned 1/2 cup corn kernels 2 cloves garlic, sliced 2 pieces bacon, julienned 1 tsp. tarragon, minced 2 sprigs parsley, minced 2 Tbs. extra virgin olive oil 2 Tbs. unsalted butter METHOD Preheat oven to 400 degrees. In sauté pan over medium-high heat, pour in olive oil and heat to almost smoking point. Pan must be hot so fish will not stick. Season fish liberally on both sides and sauté skin side down. Shake pan slightly to ensure fish is not sticking. Transfer to oven to finish about two minutes.

Heat another medium sauté pan and start rendering bacon until crispy. Add potatoes and brown. Add corn, leeks and garlic. Once cooked, add salt, pepper and herbs and toss in butter. Remove from heat. Remove fish from oven making sure skin is crispy. Allow to rest on folded paper towels.

For the Tomato Brodo: INGREDIENTS 1 14 oz. can San Marzano tomatoes 2 cloves garlic, sliced 1 bulb fennel, chopped 2 each shallots, sliced 1 cup white wine 4 sprigs tarragon 4 leaves basil, hand torn 6 sprigs parsley 1/4 cup extra virgin olive oil METHOD In 6-quart saucepan, heat olive oil on medium-high just until there is a light smoke. Sauté fennel, shallots and garlic until translucent. Add tomatoes and mash with a potato masher until chunky. Add white wine and simmer reducing by a 1/4.

Add herbs and pull off of heat. With a stick blender, puree until smooth. Pass through a fine mesh strainer and season with salt and white pepper. Set aside but keep warm until plating.

TO PLATE On the plate, arrange corn and potatoes into a little pile.

Place fish at an angle coming off of the corn and potato.

Place the sauce on the plate around the fish in the desired amount and garnish with micro greens or your favorite fresh herbs.

Serves: Two

space is and glean advice from them—or hire them on the spot!

One residential project strongly influenced by a special spot—the Arizona Biltmore Resort & Spa and its iconic geometric concrete blocks, which were cut to look like a freshly cut palm tree—is the stunning home (pictured here), designed by Rosenthal. In this case, the homeowner “had already selected the stone tiles on the walls and that helped to set the pace of what the space really needed in design,” says Rosenthal.

“And that had the Biltmore written all over it.” A little knowledge and self-direction helped, too. “Along with her confidence in what she liked and some of the ideas that she had from pictures in magazines and such, it really gave us a great direction to go,” he explains. So go ahead and start snapping and clipping out magazine pics—they are important clues for designers to work with.

Once your designer has reviewed your portfolio of ideas and images, he or she will be able to adapt the design to your home and, in essence, make it your own.

Perhaps it’s using the color of your inspiration space that you love; no need to copy the entire space, just use the colors and textures of the space to get the same feel. Or perhaps it’s one dramatic element—such as the geometric tiles used in the home designed by Rosenthal—that will give your space the look you desire.

Of course, it’s important to remember that inspiration from a room or space you’re admiring in a hotel or resort or restaurant means much more than copying. “I think when you see a design that you like, it’s more important to capture the essence of what you like and to work toward making it your own,” says Rosenthal. “That comes down to working with people who understand that. When we see something that a particular client loves, we never try to copy it, but we find a way [to get at what] they loved about it without hurting the original designer’s integrity.” Job well done!

By Marianne K. Kingman J.D., LL.M. Tax Attorney / President & CEO, Kingman Winslow, LLC

EXAMPLE — IF PERSONALLY LIABLE FOR MORTGAGE DEBT (i.e., RECOURSE DEBT): John Doe buys a house and uses it as his personal residence. He pays $500,000 for the house with a down payment of $50,000 and takes out a mortgage loan of $450,000. He is personally liable for the mortgage. When the remaining balance of the mortgage is $400,000, John Doe defaults and the lender bank accepts his voluntary conveyance of the home, cancelling the loan. Similar comparable homes at the time are selling for $300,000. The Tax Code treats this transaction as a sale whether it is a

foreclosure or a short sale arrangement. John Doe incurs a nondeductible loss of $200,000, the amount by which his house’s adjusted basis (purchase price including adjustments over time) of $500,000 exceeds its market value of $300,000. No deduction for the loss because John Doe uses the house as a personal residence. (If John had used the house as a rental or commercial property, the loss would be deductible.)

John Doe also has reportable (taxable) income of $100,000 when the bank cancels the loan. The $100,000 is the amount by which the debt of $400,000 exceeds the market value of $300,000. The bank will send an IRS Form 1099-A to John Doe and to the IRS reporting the numbers in the example. The 1099-A indicates the foreclosure bid price ($300,000), the amount of John Doe’s debt ($400,000), and the fact that he was personally liable. Debt cancellation (in this example, $100,000) is taxed at the individual’s tax rate for ordinary income. Note that the outcome is exactly the same from a tax perspective whether the property was foreclosed upon or whether the owner engaged in a short sale arrangement with the bank/lender DOES LACK OF PERSONAL LIABILITY ON THE MORTGAGE CHANGE THE TAX OUTCOME (i.e., NON-RECOURSE DEBT)?

Yes. The IRS says sellers who are not personally liable for a debt will realize an amount that includes the full cancelled debt, even if the value of the property that is security for the debt is less, which can be offset depending on your adjusted basis in the property. Note that many items can affect the final calculation of basis.

For instance, a casualty loss suffered by flood damage or fire will adjust your basis upward (and therefore reduce your taxes) if the money to pay for the repairs does not come out of insurance proceeds. Note that most people

have personally liability on their mortgage. The only groups who may not are pension plans or non-profit entities.

EXAMPLE — IF NOT PERSONALLY LIABLE FOR MORTGAGE: Jane Doe buys a home valued at $300,000 and puts $30,000 down. She takes out a mortgage of $270,000.

Ms. Doe stops making payments. The bank forecloses on a loan balance of $260,000, and the market value of the home has fallen to $250,000. Jane Doe has an adjusted basis of $265,000 due to a casualty loss of $5,000 (this represents the $270,000 mortgage less the $5,000 casualty loss). The amount she realizes on the foreclosure is $260,000. Jane Doe figures her gain and/or loss, for debt cancellation purposes, by comparing $260,000 (the amount realized) to her basis of $270,000. Jane Doe has debt-forgiveness income of $10,000; however, because of the increase in her basis by the $5,000 casualty loss, only $5,000 is now taxable.

EXCEPTION TO THE GENERAL IRS TAX RULES FOR INSOLVENT HOMEOWNERS: Homeowners who can prove they are insolvent can avoid taxation, if the sum of your debts (including the mortgage) is greater than the value of your assets.

However, you will need to prove this to the IRS and must submit an IRS form to establish to the IRS that you meet the qualifications. It is well-advised, therefore, to seek proper representation when seeking settlement with the IRS. Also, anyone seeking to claim insolvency must do so quickly, as the Internal Revenue Code specifically limits the amount of time during which a taxpayer making

Through Fashion’s Looking Glass: Europe in the 1950s and 1960s Phoenix Art Museum, January 12th 602.257.1222 | PhxArt.org Lovers of the art of fashion will enjoy their journey through the land of fashion lead by docent Lois Albert. Along the way, you’ll visit the fashion capital Paris in the 1950s, after the effects of World War II. Your next stop is swinging London, where the fun and free spirit of the youth affected their fashion industry with miniskirts, bobbed hair and the ever-popular manmade fabric. This historical and thoughtful discussion is included with your museum admission.

Barrow Grand Ball Arizona Biltmore Resort, January 15th 602.406.3041 | SupportBarrow.org Have a “ball” at the Barrow Neurological Foundation’s main event of the year. This lively evening consists of fine dining, ballroom dancing and, of course, a one-of-a-kind auction. Proceeds benefit Barrow Neurological Institute in its dedication to research projects and providing important funding for innovative scientific studies. The organization’s goal is to beat last year’s funds of $2.5 million raised.

Barrett-Jackson Collector Car Event WestWorld of Scottsdale, January 17th – 23rd 480.663.6255 | Barrett-Jackson.com Well-known to locals and international travelers, this annual celebrated auction is more than just a venue for the sale of automobiles. The week-long event includes multiple VIP private parties, fashion shows, live entertainment, and even a road rally. This is where true car aficionados come to see, and where the celebrities and fashionistas come to be seen. Don’t miss it!

Spring Awakening ASU Gammage Auditorium, January 27th – 28th 480.965.5062 | ASUGammage.com As winner of eight Tony Awards including Best Musical, this new-age show is like no other. The story follows a group of 19th-century German students through their self discovery as they change from child into adult. It depicts how morality, sexuality and rock ‘n roll shape what they once were, into who they will become. Leave the children at home for this one, as the show explores many risqué topics.

Short Sales and Foreclosures – Understanding the Potential Tax Consequences Unless you have been sleeping through the real estate “crisis,” no doubt you have probably heard about the increasing rate of distressed homeowners nationwide resulting in foreclosures or short sales.

Both a foreclosure and a short sale will have long-lasting negative impacts on a borrower/property owner’s credit score, thus making it difficult to purchase any other property in the near future. Moreover, the cancellation of the mortgage by the bank upon foreclosure will also trigger taxable income to the borrower/homeowner.

A short sale transaction can also have long-lasting impacts on your credit rating. Moreover, the homeowner may still face a sizeable tax bill under Internal Revenue Service (IRS) rules. Under the IRS rules, the homeowner who sells his home in a short sale may get a Form 1099 from the lender/bank for the total amount of the mortgage balance “forgiven” — even if the lender agrees to “forgive” the debt by agreeing to the short sale. The property is therefore treated by the IRS as if it were sold for the total outstanding balance of the loan, or the sale price if it is higher.

Taxability of the gain and deductibility of the loss depend on the nature of the property sold.

JANUARY | FEBRUARY 2011

insolvency claims may approach the IRS. As such, don’t wait to seek a tax professional to represent you when seeking a settlement.

FORECLOSURE VS. SHORT SALE: Short sale provides a better option if you are facing a foreclosure. First, the short sale option will most probably reduce your tax liability because in foreclosures, properties are sold at rock bottom prices. If the short sale means that the bank recovers more against the original mortgage amount, then you pay less in taxes on the cancellation of indebtedness income tax discussed above. Second, in a short sale you will be able to apply for an FHA home loan within 3 years of the closing of the short sale. This is because of new government guidance released from the FHA within the past few months. These two factors make the short sale a much better option for the long term.

To discuss your personal options, you may want to contact: Marianne K. Kingman J.D., LL.M. Tax Attorney / President & CEO, Kingman Winslow, LLC 602.354.7172 | KingmanWinslow.com

Music in the Garden: Traveler Desert Botanical Garden, February 6th 480.941.1225 | DBG.org Enjoy a relaxing afternoon under the Valley’s blue skies as you enjoy the sounds of local musical artist Traveler.

Hungry guests can partake in the fabulous brunch and spirited drinks available at a chef-attended station for an additional cost. During intermission, surprise your companion with a complimentary dance lesson taught by professional instructors on the professional ballroom dance floor.

56th Annual Scottsdale Arabian Horse Show WestWorld of Scottsdale, February 17th – 27th 480.515.1122 | ScottsdaleShow.com Billed as the largest and most prestigious Arabian horse show in the world, the show has grown from 50 horses at its inception in 1955 to nearly 2400 horses bringing top owners, trainers and breeders from around the world to compete for a chance at winning. Among the gorgeous equine eye candy, you’ll find plenty of bling and boutique shopping under the tents!

Don’t list your Short Sale with someone who isn’t a SPECIALIST in Rio Verde, and a CERTIFIED SHORT SALE EXPERT!

Bonnie Burke, PC RE/MAX Excalibur 8510 E. Shea Blvd. #100 Scottsdale, AZ 85260

85026 PERMIT 1441

RETURN SERVICE REQUESTED

I offer you both and I’d like to ask for your business! Please give me a call and we can discuss a strategy and all of your options.

January | February 2011

Rio Verde Real Estate Recap HOMES - Currently, there are 70 active homes on the market and 36 homes under contract.

LAND - Currently, there 314 active lots on the market and 8 lots under contract.

The following lots have closed since last publication: 16419 E. Milton Dr. 1.25 acres $11,000 xxxN. 164th St. 1.01 acres $17,000 N. 170th St. 1.00 acre $30,000 14200 E. Desert Vista Tr. 1.01 acres $33,000 171xx E. Montgomery 2.5 acres $34,900 14800 E. Morning Vista 1.00 acre $35,000 28202 N. 144th St. 1.00 acre $35,000* 14124 E. Aloe Vera 1.85 acres $35,000* 29150 N. 157th St. 1.00 acre $37,500 30800 N. 148th St. 5.00 acres $85,000 309xx N. 138th St. 4.00 acres $100,000 27317 N. 148th St. 5.00 acres $170,000* *Sold by Bonnie Burke Beginning in 2011, your Rio Verde Foothills Lifestyle publication will be a reader-friendly bi-monthly format! If you want to ensure that you or someone you know receives the newsletter each time, simply call or email and I’ll be sure to add you to the mailing list!

BONNIE BURKE, PC

ABR, CDPE, CLHMS, CRS, e-PRO, GRI Integrity Based, Service Driven

480.720.8001 Cell Bonnie@BonnieBurke.com www.BonnieBurke.com

Featured Property 13916 E. Leisure Lane 5 bed | 4.5 bath | 4057 sq. ft.

2.5 acres If you are looking for views, then this is the home!!! Sits high on a hill on 2.5 acres with the BEST views!!! Bring the family and enjoy this basement home with walk out patio, 2 bedrooms, living room and game room, and bar perfect for entertaining or enjoying an evening at the movies with the family. Main floor has master bedroom, guest quarters and another bedroom. Great open kitchen, that looks out to the mountains. Outdoor enthusiast/kids will love the basketball court, Jacuzzi, playground area, zipp line, water feature across yard with pond, observation deck, built in BBQ, fireplace, horse shoe pit, etc. What more could a family want?? Asking $525,000. Visit www.BonnieBurke.com for virtual tour.

Address Sq. Ft. / Bed / Bath / Lot Size Days On Market List Price NEW LISTINGS SINCE LAST PUBLICATION: 14509 E. Roy Rogers Rd. 1508 / 3 / 2 / 1-1.9 Acres 16 $205,000 28407 N. 148th St. 2184 / 3 / 2 / 1-1.9 Acres 5 $234,900 16418 E. Milton Dr. 2398 / 3 / 2.5 / 1-1.9 Acres 23 $277,500 28417 N. 156th St. 2536 / 4 / 2.5 / 1-1.9 Acres 36 $295,000 14520 E. Dale Ln. 2598 / 4 / 3 / 1-1.9 Acres 23 $299,900 27914 N. 155th Pl. 2200 / 4 / 2 / 1-1.9 Acres 17 $305,000 14145 E. Cavedale Dr. 2889 / 3 / 2.5 / 1-1.9 Acres 1 $325,000 16648 E. Lone Mountain Rd. 3398 / 4 / 3.5 / 1-1.9 Acres 28 $350,000 16906 E. Madre Del Oro Dr. 4154 / 4 / 5 / 1-1.9 Acres 18 $499,900 31005 N. 160th St. 4231 / 5 / 5 / 1-1.9 Acres 13 $579,000 29725 N. 141st Pl. 4000 / 4 / 3.5 / 1-1.9 Acres 28 $769,000 PENDING SALES SINCE LAST PUBLICATION: 29809 N. 170th St. 1800 / 3 / 2 / 2-4.9 Acres 256 $179,900 29301 N. 154th Pl. 1826 / 3 / 2 / 1-1.9 Acres 82 $189,900 29307 N. 154th St. 1826 / 3 / 2 / 1-1.9 Acres 99 $199,900 27909 N. 154th St. 1912 / 3 / 2 / 1-1.9 Acres 105 $215,000 26802 N. 161st St. 2045 / 4 / 3.5 / 1-1.9 Acres 175 $235,000 16247 E. Bajada Dr. 2373 / 3 / 2.5 / 1-1.9 Acres 13 $254,900 28807 N. 146th St. 2050 / 4 / 2 / 1-1.9 Acres 81 $275,000 14027 E. Sand Flower Dr. 3543 / 4 / 3.5 / 1-1.9 Acres 81 $325,000 33311 N. 138th St. 3059 / 3 / 3.5 / 1-1.9 Acres 45 $349,900 33425 N. 139th Pl. 3140 / 3 / 2.5 / 1-1.9 Acres 91 $349,900 13643 E. Peak View Rd. 3012 / 4 / 2.75 / 1-1.9 Acres 50 $369,900 29609 N. 146th St. 4037 / 4 / 3 / 1-1.9 Acres 60 $399,900 31707 N. 142nd St. 3372 / 4 / 3 / 2-4.9 Acres 654 $410,000 33620 N. 139th Way 3895 / 3 / 2 / 2-4.9 Acres 141 $453,000 28011 N 156th St. 3542 / 3 / 3.5 / 1-1.9 Acres 88 $499,900 13928 E. Montello Rd. 4933 / 4 / 3.5 / 2-4.9 Acres 21 $625,000* SOLD SINCE LAST PUBLICATION: DOM List Price Sold Price 27030 N. 164th St. 2478 / 3 / 3 / 1-1.9 Acres 279 $299,900 $300,000 29618 N. 144th Way 4020 / 5 / 4 / 1-1.9 Acres 113 $389,000 $389,000 27516 N. 137th St. 2728 / 4 / 2 / 1-1.9 Acres 231 $351,750 $340,000* 30509 N. 160th St. 3063 / 4 / 2.5 / 5-9.9 Acres 204 $699,000 $400,000 14327 E. Gamble Ln. 4700 / 4 / 4.5 / 1-1.9 Acres 69 $895,000 $820,000 * Listed/Sold by Bonnie Burke All information is deemed reliable but not guaranteed. The properties on this list have been listed/sold by various participants in the MLS.

If your home is currently listed, this is not a solicitation for that listing.

Produced by Desert Lifestyle Publishing • 480.460.0996 • www.DesertLifestyle.net

ISSN-1939-9421

Recreating Favorite Destinations

Distressed Property Educate Yourself on the Tax Consequences

Simple Yet Sophisticated Cielo’s Striped Bass

Rio Verde Foothills’

Real Estate Report